Case Note & Summary
The High Court of Bombay, on its own motion, initiated contempt proceedings against Mr. N.B. Deshmukh, an advocate, based on an incident that occurred on October 10, 2008. The advocate appeared before a learned Single Judge and insisted that his matter be taken up forthwith, despite being informed that the case was not on the board and did not pertain to the court's roster. He used improper language, was obstructive and rowdy, and persisted in disrupting proceedings despite repeated opportunities to desist. The Single Judge, finding prima facie contempt, directed issuance of a notice to the advocate under the Contempt of Courts Act, 1971. The notice was served, and the matter was placed before the appropriate bench. The judgment records the order initiating the contempt action and the subsequent procedural steps.
Headnote
A) Contempt of Court - Criminal Contempt - Contempt in the Face of the Court - Sections 2(c), 12, 14, 15 Contempt of Courts Act, 1971 - The High Court initiated suo motu contempt proceedings against an advocate who interrupted court proceedings, insisted on taking up a matter not on board, used improper language, and behaved in a rowdy and obstructive manner. The court held that such conduct prima facie amounts to criminal contempt and issued notice to show cause. (Paras 1-2)
Issue of Consideration
Whether the conduct of the respondent/contemner advocate in interrupting court proceedings, using improper language, and behaving in a rowdy and obstructive manner amounts to criminal contempt under the Contempt of Courts Act, 1971.
Final Decision
The court issued notice to the contemner, returnable after four weeks, to show cause why steps should not be taken under the Contempt of Courts Act, 1971. The matter was directed to be placed before the appropriate bench as per roster.
Law Points
- Contempt of Court
- Criminal Contempt
- Contempt in the Face of the Court
- Advocate Misconduct
- Court Decorum
Case Details
2010 LawText (BOM) (12) 29
Suo Motu Contempt Petition No. 4 of 2008
A.M. Khanwilkar, P.D. Kode
Mr. N.B. Deshmukh (Respondent/Contemner in-person), Mr. A.G. Damle (for Bar Council), Mr. K.V. Saste (A.P.P. for State)
High Court on its own Motion
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Nature of Litigation
Suo motu criminal contempt proceedings against an advocate for alleged contempt in the face of the court.
Remedy Sought
The court sought to punish the contemner for contempt of court under the Contempt of Courts Act, 1971.
Filing Reason
The advocate, Mr. N.B. Deshmukh, appeared before a learned Single Judge on October 10, 2008, insisted on taking up his matter not on board, used improper language, and behaved in a rowdy and obstructive manner, disrupting court proceedings.
Previous Decisions
The learned Single Judge passed an order on October 10, 2008, directing issuance of a notice to the advocate to show cause why contempt action should not be taken.
Issues
Whether the conduct of the advocate amounts to criminal contempt under the Contempt of Courts Act, 1971.
Submissions/Arguments
The court observed that the advocate's behavior was prima facie contemptuous.
Ratio Decidendi
An advocate who interrupts court proceedings, insists on taking up matters not on board, uses improper language, and behaves in a rowdy and obstructive manner commits contempt in the face of the court, warranting initiation of suo motu contempt proceedings under the Contempt of Courts Act, 1971.
Judgment Excerpts
The Advocate used language in the Court which was most improper; he was obstructive and rowdy.
Prima facie, I am of the view that the behaviour of the Advocate in the Court amounts to a contempt of Court.
Procedural History
On October 10, 2008, a learned Single Judge of the Bombay High Court passed an order initiating suo motu contempt proceedings against advocate N.B. Deshmukh for his conduct in court. Notice was issued to the contemner, which was duly served. The matter was then placed before the present bench for further proceedings.
Acts & Sections
- Contempt of Courts Act, 1971: 2(c), 12, 14, 15
